Kabirujjaman v. State Of West Bengal

06.08.2025 Sl. No.57 NB C.R.M. (A) 2458 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dhubulia PS Case No.28/2025 dated 18.01.2025 under Sections 20(ii)(b)(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of: Kabirujjaman ... petitioner Mr. Jisan Iqubal Hossain ...for the petitioner.

Mr. M. Sur, Mr. Amanul Islam.

...for the State.

Learned counsel appearing on behalf of the petitioner submits that the petitioner was not named in the FIR. The case was started against the owner and driver of the vehicle from where the alleged contraband was recovered.

Learned counsel appearing on behalf of the State submits that when the car was apprehended with 148Kgs of "ganja", the miscreants fled away from there. A mobile phone was recovered from the car, which was found to be in the name of the present petitioner. Investigation is going on.

Considering the incriminating materials available in the case diary including recovery of the petitioner's mobile phone from the car in question, the fact that investigation is going on and the restriction contained in Section 37 of the NDPS Act, I do not consider this to be a fit case for granting anticipatory bail to the petitioner.

The application for anticipatory bail being C.R.M. (A) 2458 of 2025 is, thus, rejected.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)